II. The Parties' Recommendation
Following the remand, parties to the litigation developed recommendations
for revisions to the standard that they believed represented a reasonable
resolution of all outstanding issues. Their recommendation, presented to OSHA
on June 27, 1990, proposed to (1) lower the PEL to 0.75 ppm TWA; (2) include
in the standard certain provisions for MRP benefits; and (3) modify the
standard's hazard communication provisions by revising labeling requirements
for materials capable of releasing small amounts of formaldehyde and
providing annual training in formaldehyde hazards for all employees exposed
at or above 0.1 ppm (Ex. 278).
OSHA gave these recommendations careful consideration in developing the
proposed amendments. On July 15, 1991, the Agency issued a proposed rule in
response to the Court's remand (56 FR 32302). The proposal incorporated the
substance of the recommendations of the parties to the litigation and
requested public comment.
[57 FR 22290, May 27, 1992]